The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-06
THE RECORD OF THE COURTS.
supreme Court.

Eon. Byron X Elliott. Chief-justice.
The following opinions were rendered Jan 81
quo wARRANTo-TowN CITY - INFORMATION
12631-State ex rel. Martin Prlliman VS..
Town of Upton ct al. Upton G. G. Affirmed
Niblack Quo warranto proceedings to test
the legality Of the organization OF the town of
Upton into city. Sections 3035-6 R. S. mean
that nothing contained in the sections of the
statute, Immediately preceding, shall be con-
strued as precludine any person interested from
showing that majority of the legal voters who
voted at the election held to determine the ques-
ton had not agreed to adopt city charter. It'll
not averred in the information that the inspector
of the election in question did not certify to the
clerk Of the court proper statement Of the
votes cast, and that the clerk did not make a re-
cord of such statement in his Office. 1t must be
presumed that such statement was filed and re-
cord made. The record presumably made is con-
elusive OF the regularity Of the proceedings ex-
cept as to whether a majority of the votes given
was in favor of the proposed change. The infor-,
nation was filed too late to question whether the
census was taken as required by law. An aver
ment that majority of the legal voters of the
town did not vote in favor of the adoption of the
city charter was not equivalent to an averment
that a majority OF the votes given was not favor
orable to the proposed change There was no
allegation that the relator did not vote in favor
Of the adoption or otherwise concur in the pro-
ceedings of which he complains. and the infor-
nation is defectiye.
ATTORNEY AND cLIENT-coNvERsIoN.
12699-Matthew Clegg VS.. Jacob Bamberger
administrator. Clark G. C. Affirmed. Elliott
J.-Where an attorney collects money and after
the death Of his client converts it, the intestate
the administrator has right of action. The
suficiency of the evidence will not be examined
Upon the subject of tender for granting that it
was duly made it will not justify subsequent
reversion.
CONDITIONAL sALE-FRAUD.
12789-Winchester Wagon Works and Manu-
foot rrin Cam INV Capp
c. G. Affirmed. Howk j.-Whe1e manu-
facturer and wholesale dealer of wagons So, tn
retail dealer wagons upon credit, conditioned that
the title should not pass until the wagons were
| paid for the purposes for which the possession
| of the property was delivered to the vendee are
| inconsistent with continued ownership by the
| vendor and the condition is fraudulent and void
| as against purchasers from the original vendee
TITLE BY PREscRIPTIoN-CoLoR OF TITLE.
! 1850 Francis NJ. Roots w. William H. Beck
st al Fayette G, G. Affirmed. Mitchell, j.
| The open, notorious, exclusive, Uninterrupted
and adverse possession continued for the period
| of twenty years, Is effectual to confer a com
| plete title on the person so occupying and it is
! not essential that such possession should have
been under color OF title Any adverse posses
! sion, the effect of which is to GUST the true
| owner and give to him right OF action sets the
| statute of limitation in motion. When the bar
| OF the statute becomes complete, however desti-
| tute of the color of title such occupancy may
have been UNDER to the extent that it was
actual, visible and continuous, a title by pre-
| scription arises in the adverse occupant. This
title is in all respects, equal to conveys nce in
fee. The only distinction which can be recog-
| nized between title acquired under the statute
| by adverse occupancy under claim and color OF
| title and without such claim color is that, in
the latter case title will only be coextensive
with actual, visible, continued occupancy, while
| in the former, color of title may, by construc
ton, embrace lands only part of which were thus
| actually occupied
1860 William Adams Vs. Charles L. Davis.
| Sullivan c. c. Rehearing denied.